While Pennsylvanias medical marijuana laws dont explicitly state that you can sue over that type of discrimination, case law in the state has upheld what is known as a private right of action, which allows lawsuits to be filed under the Medical Marijuana Act. And while the law states that employers cant discriminate against an employee solely on the basis of such employees status as an individual who is certified to use medical marijuana, Spotlight PA has found that protection has significant limits. On Wednesday, the Pennsylvania House passed Senate Bill 3 to send the medical marijuana legalization bill to Governor Wolf's desk. What do I need for my appointment? Often this term is used in the context of drivers who pose a safety risk.The nationally recognized level of impairment for drunken driving is .08 g/mL blood alcohol concentration, according to the National Conference of State Legislatures. Pennsylvania Appellate Decision The Superior Court of Pennsylvania issued a decision on Aug. 5, 2021, that also could impact employers throughout the state when they conduct pre-employment drug tests on applicants who are certified users of medical marijuana. Pennsylvania has a three-step process for patients to obtain a medical cannabis card. Department of Veterans Affairs Policy on Medical Marijuana Cannabis Care Consultants' licensed Medical Marijuana Doctors certify patients for a medical marijuana card through EASY, SAFE telemedicine appointments. He started working for the company in 2013, and an email exchange included as an exhibit in the case shows how he lost his job. Here are a few examples:Arizona, Minnesota, and Delaware say employers cant punish patients based on a positive drug test for marijuana unless they used, possessed, or were impaired at work or on duty.New York employers cant use drug tests as a basis for determining impairment from cannabis and the state bans cannabis drug tests for many employees.New Jerseys acting attorney general sent a memo to law enforcement agencies, telling them state law allows police officers to use cannabis off duty.All of those laws include exceptions if federal laws or rules require drug testing.Sources (in order)Arizona statutesDelaware codeMinnesota statutesNew York State Department of Labor guidanceNew Jersey Office of the Attorney General; New Jersey statutesCalifornia chapter of the National Organization for the Reform of Marijuana LawsIn 2018, Pittsburgh firefighters worked out an agreement with city officials that created specific protections for medical marijuana cardholders who use the drug off duty.When we sat down with city officials to talk about this they said, We dont want firefighters coming to work high, Tim Leech, a firefighter and vice president of the local union, told Spotlight PA. And we said, Well, this is going to be easy because neither do we.Firefighters are still subject to random drug tests, but cardholders arent disciplined if they test positive for marijuana, according to the agreement. What tests are required and when does testing occur? | FMCSA Without a valid DOT medical card, you can lose your CDL. We still have the right to earn a living.Clark filed a wrongful termination lawsuit in the Lancaster County Court of Common Pleas, where the two sides have sparred over federal requirements and safety issues.Clarks counsel claimed he never used marijuana on the job, never worked impaired or under the influence, and never consumed marijuana within eight hours of the start of a shift.Meanwhile, attorneys for JRK Enterprises argued that he would expose the company to legal risks if an accident occurred.Employers cannot both be held accountable for maintaining a safe workplace and be unable to discharge employees for marijuana use, they wrote in court filings.In late August, Pennsylvania Superior Court declined to weigh in on the case, and it is continuing in Lancaster Countys court system.Unemployment benefits deniedAfter employees lose their job, they can run into other problems.Robert Moyer was a warehouse worker for Jack Lehr Electric in Lehigh County, earning $16.50 an hour, until February 2020, when he was fired because a drug test came back positive for marijuana use, according to unemployment board records. They are being forced to choose between their jobs and their medicine. Vague legal safeguards for medical marijuana users in Pennsylvania are forcing patients to choose between their job and a drug they say has changed their life, and leaving skittish employers vulnerable to lawsuits, according to a three-month Spotlight PA investigation. I gotba med card. VA Policy On Medical Marijuana & Veterans - Military Benefits Unfortunately, we cannot allow you to flag for us, Snare wrote the next day. Federal drug testing rules led to problems for Todd Douglas, a medical marijuana patient and Philadelphia Gas Works employee. Many have been settled before a judge could rule on the merits of the case.Employers and workers alike have asked for greater clarity but the legislature and governor have so far failed to explicitly outline the rights of scores of employers and workers. Robert Moyer was a warehouse worker for Jack Lehr Electric in Lehigh County, earning $16.50 an hour, until February 2020, when he was fired because a drug test came back positive for marijuana use, according to unemployment board records. He was demoted from that job to one that paid almost half, according to the lawsuit. Here's a list of the top 10 companies that conduct drug testing in Pennsylvania: The Phillips Group Walmart Bayer Amazon Proctor & Gamble Seagate Target Home Depot Frito-Lay American Express The bottom line A drug-free workplace ensures a safer working environment by reducing the risks and dangers of an employee under the influence of drugs. Related Information from Chester County Hospital Drug and Alcohol Testing at Chester County Hospital Medical Marijuana The Truth About Medical Marijuana And Epilepsy Treatment return to a generally nonimpaired state within 3 to 6 hours after smoking marijuana. The Pennsylvania Supreme Court also has not issued an opinion that specifically clarifies protections for workers. That leads to inconsistency and what employers see as a lose-lose scenario: Either risk a wrongful termination suit, or potentially allow an unsafe work environment. Saliva tests can detect cannabis for approximately 24 hours after use. Still, the future of the legislation is unclear. And it seems like were not. He doesnt work on live gas, has never used marijuana at work, and has never shown up to work high, he told Spotlight PA.After a random drug test in November indicated he had used marijuana, Douglas said the company reassigned him and forced him to attend outpatient addiction treatment therapy. Clark later found a job at another business. All of those laws include exceptions if federal laws or rules require drug testing. Employers say they have to juggle creating a safe work environment with the potential for a wrongful termination lawsuit. foundations and readers like you Urine tests can detect cannabis in the urine for approximately 3-30 days after use. The bill passed out of committee on a party-line vote with all Republicans in favor. He said several of the conditions that qualify people for medical marijuana cancer, anxiety, post-traumatic stress disorder, and severe chronic pain are conditions that firefighters get as a result of things that happen on the job.I have had firefighters tell me that its changed their life dramatically, Leech said. (By contrast, the ADA applies to companies with 15 or more employees, while the PHRA is applicable to companies with four or more employees.). And unlike with the ADA and PHRA, there is no employee threshold, so even companies with only a couple of employees are subject to lawsuits if they violate its provisions. Medical Marijuana Card| Cannabis Care Consultants | Pennsylvania Medical Marijuana | Employee Drug Testing | Pennsylvania MMJ Laws How do I register with the department of health? More than 30 employer groups, including the Pennsylvania Chamber of Business and Industry, have urged the legislature to provide clear guidance on marijuana and workplace safety issues.Employers in general are not opposed to medical marijuana, Alex Halper, director of government affairs for the chamber, told Spotlight PA. They just want to know what the rules are when theyre hiring for safety-sensitive positions.The safety question is a complex one. It will be left to the discretion of each employer whether they wish to recognize an employee's medical marijuana approval as an exemption to company drug testing policies. What if I fail or refuse a test? | FMCSA - Federal Motor Carrier Safety Unfortunately, the answer is yes, they can. State Sen. Bob Mensch (R., Montgomery) introduced legislation in June 2021 that would specifically allow employers to place marijuana restrictions on people who work in several newly defined safety-sensitive positions, including anyone performing firefighting duties, dispensing pharmaceuticals, caring for a patient or child, or operating a motor vehicle. As long as they are a Pennsylvania resident, they have that card, they use it off work hours, and are eligible for their medicine, they cannot be fired just because they are medical marijuana patients, he says. That case centers on Joseph Clark Jr., who worked for JRK Enterprises as a flagger, directing traffic at construction sites. Pennsylvania Court: Medical Marijuana Act Allows Employees to Sue for Bias The Superior Court of Pennsylvania recently held that the state's medical marijuana act allowed an employee to sue. Some saliva tests have detected . Workers with medical marijuana cards in PA face firing From giant corporations to predatory hedge funds, a small number of billionaire owners have a powerful hold on so much of the information that reaches the public about whats happening here. A workplace drug screening that showed cannabis use was consistently a fireable offense across the US until recent years. (Steven M. Falk of The Philadelphia Inquirer)It helps with pain. Moyer said he had a medical marijuana card at the time. 1. Hes a drafter who creates construction drawings for the pipes that connect gas to peoples homes and businesses. Employee Drug Testing and the Pennsylvania Medical Marijuana Law: What But with the rapid advancement of legislation at the state level permitting either medical or recreational cannabis use, the legal relationship between cannabis use and employment law has become much more confusing. Getting Medical Marijuana in Pennsylvania - PA.GOV They said the demotion came with a nearly 50% pay cut, leaving him no choice but to quit.A worker from Mifflin County lost his job directing traffic after he asked for information on his companys medical marijuana policy, a conversation in which he voluntarily revealed that he used the drug outside of work. The worker did obtain a doctor's note and renewed the identification card, but they were still terminated by their employer. Still, he worries the company could find another reason to drug test him. Will you do your part today by making a contribution? In Palmiter v. Federal law places few limits on employer drug testing: Although the federal government requires testing by employers in a few safety-sensitive industries (including transportation, aviation, and contractors with NASA and the Department of Defense), federal law doesn't otherwise require - or prohibit drug . For example, Pennsylvanias medical marijuana law says that patients are prohibited from certain jobs or job functions if they have more than 10 nanograms of THC per milliliter of blood in their system, including working with: Chemicals requiring a permit issued by the state or federal government. Otherwise, she says, there may not be any need to alert the employer, provided you only use marijuana at home, and dont think it will realistically come up while on the job. The Pennsylvania Cannabis Coalition, Pittsburghs firefighter union, and a statewide trial lawyers association opposed the bill and wrote that creating workplace standards must be done carefully to ensure that patients are not deterred from seeking treatment out of fear of reprisal., A wide range of employer groups representing everything from construction businesses to child care centers to restaurants urged lawmakers to pass the bill in an April memo, writing that employers should not be inhibited from maintaining reasonable workplace safety policies to protect their people, customers and the public., Mensch said he later amended the bill to focus on impaired workers in safety-sensitive roles, a change that would make it much more workable., Still, Democrats on the committee raised concerns about how employers would judge impairment. How Getting a Medical Marijuana Card in Oklahoma Can Affect - NuggMD That section states: Businesses dont want to have to guess which positions are appropriate for medical marijuana patients and which ones are off limits, said McCreary, the Pittsburgh attorney who has represented employers in these disputes. A major requirement when applying for jobs, applicants are often required to be tested for drug use and drug abuse. Philadelphia Gas Works included Douglas, but he said he primarily works on a computer. ( 382.301 ). Ed MahonSpotlight PAIllustrations by The Longenecker case ended earlier this year later after the two sides privately resolved the lawsuit and asked a judge to dismiss the case. 2023Spotlight PA228 Walnut St., #11728Harrisburg, PA 17108-1728. How long does marijuana stay in your system? Blood, urine, and hair They think they have a card and they are protected, like I did.. From the legalization of recreational use to expanding medical marijuana access, lowering penalties for possession, allowing home cultivation, and establishing a taxation and regulation system for the marijuana industry, these changes could have significant implications . Some states have expanded protections for workers who use marijuana on their own time. After employees lose their job, they can run into other problems. Gun Owners Do Not Qualify for Medical Marijuana Attorneys for Weis Markets acknowledged that Longenecker was sent home after his medical marijuana card was found at the facility, but the company denied discriminating against him. It is, therefore . Buy marijuana from cannabis dispensaries in the State of Virginia. Can Doctors, Nurses Smoke Marijuana? (License FAQ) - Chudnovsky Law Does a Medical Marijuana Card Affect Employment? - Heally 14, 2022by Our readers keep us independent, beholden to no outside influence, and accessible to everyone whether they can afford to pay for news, or not. I felt that we were protected. Pre-Employment Urine Test as a Med Card Holder Clark said he asked potential employers if using marijuana would affect his hiring and was told it would.My confidence is still shattered, Clark said in an interview. Self-Certification Form (DL-11CD) - download the form here from PennDOT. A person that ingests marijuana will have metabolites in his or her body for days, weeks, and possibly even months thereafter. In fact, there are more than half a million registered patients and caregivers, according to the Pennsylvania Department of Health. This is because state laws may define a drug. The company then filed a lawsuit to challenge the fired workers ability to collect unemployment benefits.Taxpaying medical marijuana cardholders are finding really no safe harbor on the job, which should be guaranteed under existing Pennsylvania law, Todd Eachus, a member of the pro-cannabis legalization group Perfectly Normal, told lawmakers last year.For the more than 400,000 medical marijuana patients in the state, the stakes are high. This means that New Jersey and New York residents who can use cannabis for nonmedical purposes can face discipline if they are employed pursuant to Pennsylvania law. The law says that employers cant discharge, threaten, refuse to hire, or otherwise discriminate or retaliate against patients compensation, terms, conditions, location or privileges solely based on their status as registered medical marijuana users. Employers in general are not opposed to medical marijuana, Alex Halper, director of government affairs for the chamber, told Spotlight PA. They just want to know what the rules are when theyre hiring for safety-sensitive positions.. We shouldnt be limited. Gas pipeline operators determine which of their employees are required to complete federally mandated drug testing for pipeline workers. The medical marijuana users will soon be driving with the marijuana metabolites . New York State Department of Labor guidance, New Jersey Office of the Attorney General; New Jersey statutes, California chapter of the National Organization for the Reform of Marijuana Laws. foundations and readers like you New Pennsylvania Laws Affect Pre-Employment Marijuana Testing best-of, and more. We dont believe vital investigative and public-service journalism should be hidden behind a paywall or only for those who can afford a subscription fee. His attorneys wrote that Longenecker selected products from the warehouse and helped load them onto trucks, a job that paid $22 an hour. Guide to Getting a Pennsylvania Medical Marijuana Card | RISE Contest the punishment. They said he was told he could return to work in a position that would not require him to operate power equipment.. Clark told her he used marijuana to treat a medical condition and planned to continue doing so. In June 2021, Commonwealth Court ruled in Moyers favor, a victory in a battle he thinks he shouldnt have had to fight in the first place.